Law:

Section:

(a) Civil service-------Termination of service---No one could be allowed, irrespective of the fact who was who to act in an arbitrary, fanciful and whimsical manner, and they had got to be judicious, fair and just in taking such decision---Contention that question of retention and dispensation of an employee fell within the discretion of department was repelled---Termination of civil servants had been dealt with in a careless, cursory and casual manner without examining the merits of case---Explanations furnished by responsible officials of the department for termination of services of employees were vague, sketchy and contradictory as the record spoke otherwise---Supreme Court converted petition for leave to appeal of the employees into appeal and accepted the same. (b) Discretion--- ----Exercise of discretion---Scope. Discretionary power conferred on government should be exercised reasonably and subject to existence of essential conditions, required for exercise of such powers within the scope of law. All judicial, quasi judicial and administrative authorities while exercising mandatory or discretionary jurisdiction must follow the rule of fair exercise of power in a reasonable manner and must ensure dispensation of justice in the spirit of law. Seven instruments that are the most useful in structuring of discretionary power are open plans, open policy statement, open rules, open findings, open reason, open precedents and fair informal procedure. Power to exercise discretion would not authorize such Authorities to act arbitrarily, discriminately and mala fide. They have to act without any ulterior motive. Human Rights Case No.5818 of 2006 2008 SCMR 531; Abu Bakar Siddique v. Collector of Customs 2006 SCMR 705; Abid Hussain v. PIAC 2005 SCMR 25; Manzoor Hussain v. Muhammad Ashraf 1999 PLC (C.S.) 279; Gadoon Textile Mills v. WAPDA 1997 SCMR 641 and Federation of Pakistan v. Muhammad Saifullah Khan PLD 1989 SC 166 ref. Petitioners in person (in both cases). Tariq Ali Tahir, Additional Advocate-General, Niaz Ahmad, Chief Engineer (S) PHED, Amjad Mehmood, A.D.C. (Claim) and Muhammad Ishaq, AO(S) for Respondents. Date of hearing: 29th May, 2009. JUDGMENT JAVED…

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